A suburban Seattle middle school teacher who removed a student from class for refusing to salute or pledge allegiance to the flag did not violate the student's religious-liberty rights, the district's lawyers maintain.

In April, Jim Bobrik, a student at Sylvester Middle School near Seattle, brought a federal suit against the Highline School District alleging his First Amendment right to the free exercise of religion was subverted when his science teacher tossed him out of class in February for failure to pay homage to the flag. Bobrik, a Jehovah's Witness, maintained in his lawsuit that his religious beliefs require him to honor God – not idols and symbols.

Jehovah's Witnesses' objections to saluting and pledging allegiance to the flag are based on Exodus 20:4-5: “Thou shalt not make unto thee any graven image, or any likeness of anything that is in heaven above or that is in earth beneath, or that is in water under the earth; thou shall not bow down thyself to them, nor serve them.”

Before taking legal action, Bobrik's Seattle attorney requested that the school district apologize for the teacher's behavior and set up a program to help the district's teachers and students better understand First Amendment rights.

The school district, however, has never apologized or questioned the actions of Michael Sienkiwich, Bobrik's science teacher. Instead, in legal papers filed with the U.S. District Court for the Western District of Washington, the school district's attorneys argued that Bobrik was removed from class for reasons other than his religious objections.

“Plaintiffs damages, if any, were the result of the negligence, actions or fault of plaintiffs and damages should be denied or reduced accordingly,” the school district's lawyers argued in their answer to Bobrik's suit. The attorneys, from a Seattle law firm, also suggested that the science teacher did not know of Bobrik's religious beliefs.

The district's answer, however, does not state why Bobrik was removed from class.

Brady R. Johnson, Bobrik's attorney, said that the district's attorneys or spokespersons also have not said why Seinkiwich told Bobrik to leave the classroom.

“They have been mumbling that it is his fault for some time, but have never stated what it is he did,” Johnson said. “The district has suggested there was a discipline issue – that he was put outside not for refusing to salute the flag, but for other disciplinary reasons. However, he was never written up or sent to the principal's office.”

Johnson said instead actions such as Bobrik's were and have been protected by the First Amendment, as well as Washington's constitution and judiciary, for years.

In 1942, the West Virginia Legislature created a law requiring classroom instruction in “Americanism” including a daily pledge of allegiance. Students who shunned the flag were subject to expulsion. Jehovah's Witness parents and students objected to the government-imposed pledge requirement and sued the state. The U.S. Supreme Court in 1943 invalidated the state law on grounds that it ran afoul of the First Amendment.

“We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control,” wrote Justice Robert Jackson in Board of Education v. Barnette.

Johnson called the district's suggestion that the teacher was unaware of Bobrik's religious beliefs irrelevant.

“The claim that no one had knowledge of Jim's religious beliefs is no argument and makes no difference,” Johnson said. “The Constitution does not require someone to stand up and profess their religious beliefs.”

Attorneys for the school district would not take calls regarding the suit. Nick Latham, district spokesman, however, said that the lawsuit has nothing do with religion, but centered on respect.

“Based on what I have been told, it is a question of respecting his teacher and not freedom of religion rights,” Latham said.

The school district has a policy that states: “Students not reciting the pledge of allegiance are required to maintain a respectful silence and may remain seated.”

A trial date has been set for March, unless Bobrik and the district are able to reach a settlement.

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THE EXPERTS

The First Amendment Center is an educational organization and cannot provide legal advice.

Ken Paulson is president of the First Amendment Center and dean of the College of Mass Communication at Middle Tennessee State University. He is also the former editor-in-chief of USA Today.

Gene Policinski, chief operating officer of the Newseum Institute, also is senior vice president of the First Amendment Center, a center of the institute. He is a veteran journalist whose career has included work in newspapers, radio, television and online.

John Seigenthaler founded the Newseum Institute’s First Amendment Center in 1991 with the mission of creating national discussion, dialogue and debate about First Amendment rights and values.

About The First Amendment Center

We support the First Amendment and build understanding of its core freedoms through education, information and entertainment.

The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

Founded by John Seigenthaler, the First Amendment Center is an operating program of the Freedom Forum and is associated with the Newseum and the Diversity Institute. The center has offices in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn., and at the Newseum in Washington, D.C.

The center’s website, www.firstamendmentcenter.org, is one of the most authoritative sources of news, information and commentary in the nation on First Amendment issues. It features daily updates on news about First Amendment-related developments, as well as detailed reports about U.S. Supreme Court cases involving the First Amendment, and commentary, analysis and special reports on free expression, press freedom and religious-liberty issues. Support the work of the First Amendment Center.

1 For All

1 for All is a national nonpartisan program designed to build understanding and support for First Amendment freedoms. 1 for All provides teaching materials to the nation’s schools, supports educational events on America’s campuses and reminds the public that the First Amendment serves everyone, regardless of faith, race, gender or political leanings. It is truly one amendment for all. Visit 1 for All at http://1forall.us/

Help tomorrow’s citizens find their voice: Teach the First Amendment

The most basic liberties guaranteed to Americans – embodied in the 45 words of the First Amendment to the U.S. Constitution – assure Americans a government that is responsible to its citizens and responsive to their wishes.

These 45 words are as alive and important today as they were more than 200 years ago. These liberties are neither liberal nor conservative, Democratic nor Republican – they are the basis for our representative democratic form of government.

We know from studies beginning in 1997 by the nonpartisan First Amendment Center, and from studies commissioned by the Knight Foundation and others, that few adult Americans or high school students can name the individual five freedoms that make up the First Amendment.

The lesson plans – drawn from materials prepared by the Newseum and the First Amendment Center – will draw young people into an exploration of how their freedoms began and how they operate in today’s world. Students will discuss just how far individual rights extend, examining rights in the school environment and public places. The lessons may be used in history and government, civics, language arts and journalism, art and debate classes. They may be used in sections or in their entirety. Many of these lesson plans indicate an overall goal, offer suggestions on how to teach the lesson and list additional resources and enrichment activities.

First Amendment Moot Court Competition

This site no longer is being updated … And the competition itself is moving to Washington, D.C., where the Newseum Institute’s First Amendment Center is co-sponsoring the “Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition,” March 18-19, in partnership with the Columbus School of Law, of the Catholic University of America.

During the two-day competition in February, each team will participate in a minimum of four rounds, arguing a hypothetical based on a current First Amendment controversy before panels of accomplished jurists, legal scholars and attorneys.

FIRST AMENDMENT CENTER ARCHIVES

State of the First Amendment survey reports

The State of the First Amendment surveys, commissioned since 1997 by the First Amendment Center and Newseum, are a regular check on how Americans view their first freedoms of speech, press, assembly, religion and petition.

The periodic surveys examine public attitudes toward freedom of speech, press, religion and the rights of assembly and petition; and sample public opinion on contemporary issues involving those freedoms.
See the reports.